ANNUAL REPORT 2013 CONTENTS

2 Welcome 3-4 About the Center 5-12 Center Leadership and Supporters »» Executive Leadership »» Academic Advisory Board »» International Advisory Council »» Student Involvement 13-16 2013 Center Highlights 17-20 Law and Religion Symposium 21-26 Regional Conferences »» Africa »» Eastern Europe »» Oxford »» Latin America »» Asia »» Muslim World 27-28 Certificate Training Programs 29 ICLARS Conference 30 Religious Liberty Award Dinner 31 Religious Freedom Discussion Series 32 Publications 33 Upcoming Events 2013 ICLRS ANNUAL REPORT | 2 Welcome W. Cole Durham, Jr. Director, International Center for Law and Religion Studies

Reviewing the events of the past year has reminded me of the remarkable opportunities we have had to collaborate with others and increase the quality and effectiveness of our work in promoting religious freedom for all. This year we held our 20th Annual International Law and Religion Symposium, which over the years has brought nearly 1000 scholars and government officials from some 120 countries to BYU. We are continuing to implement this type of discussion and exchange of ideas at the regional level as well. Working with academic institutions such as Oxford and Peking University, as well as with groups such as the Latin American Consortium for Religious Liberty and the African Consortium for Law and Religion Studies, we have helped organize regional conferences this year focusing on Latin America, Eastern Europe, Western Europe, Asia, the Muslim world, and Africa. In China and Vietnam, we have also worked with distinguished academic bodies and official government institutions to implement certificate training programs. The two-week training courses bring together international scholars to train and certify local professors and teachers in the field of law and religion. By training those who teach at universities and colleges, who will go on to teach many others, we hope to multiply our impact. We have signed an historic memorandum of understanding with the government of Vietnam for further comparative work there on religion and law. Beyond conferences and trainings, we have been engaged in many forms of outreach: we have participated in law reform efforts in a number of countries, have launched our law and religion news headlines service, have produced significant publications, and have hosted a web-broadcast religious freedom lecture series. I have had the opportunity to serve as president of the global International Consortium for Law and Religion Studies, and helped organize their biannual conference this year in Virginia. None of these activities would be possible without the significant support of the members of the International Advisory Council and the generous donors who contributed to the Center’s Cornerstone Endowment and the Sterling and Eleanor Colton Chair in Law and Religion. We are also always grateful of course for the efforts of the Academic Advisory Board and the Center staff and leadership. Representatives of all of these groups have traveled to and assisted with conferences and trainings, donated time and resources, and provided the continuous support needed for the operations of the Center. These people are simply incredible. One of the great blessings of this work in my life is the great privilege it affords to be associated with so many outstanding individuals. Thank you for making this year such a rewarding and productive one! 3 | 2013 ICLRS ANNUAL REPORT

ABOUT THE CENTER The Mission of the International Center for Law and Religion Studies is to help secure the blessings OUR VISION of freedom of religion and belief for all people.

Organization The International Center for Law and Religion Studies was formally established on January 1st 2000, organized within the J. Reuben Clark Law School at . The work of the Center, however, was already a decade old, as its Director, W. Cole Durham, Jr., had contributed to law reform in Eastern Europe, where he began to work intensively following the fall of the Berlin Wall in 1989. Subsequently Professor Durham began working with colleagues worldwide, as well as colleagues and students within the Law School, to build networks, organize conferences, and publish papers in the BYU Law Review on the topic of establishing and preserving freedom of religion or belief worldwide. The formal organization of the Center in 2000, with its establishment of an International Academic Advisory Board, made up of distinguished global experts, and an International Advisory Council, comprised of key supporters and advisors, has enabled an expansion of efforts into a truly global and internationally renowned endeavor. Major Initiatives The Center hosts a number of important conferences each year, in the United States and worldwide. The Center’s hallmark conference is its annual International Law and Religion Symposium, held each October in Provo. Working to assist in building networks of scholars, experts, and The of the International Center for Law and Religion Studies is threefold: policy makers, the Center has been (1) to expand and disseminate knowledge and expertise regarding the inter- hosting the Symposium for 20 years. In relationship of law and religion, that time nearly 1,000 experts from (2) to facilitate the growth of networks of scholars, experts, and policy makers more than 120 countries have come to involved in the field of religion and law, and BYU’s J. Reuben Clark Law School to (3) to contribute to law reform processes and broader implementation of principles discuss pressing issues of law and of religious freedom worldwide. religion. The Symposium has become 2013 ICLRS ANNUAL REPORT | 4

one of the leading global events in the law and religion field. its side events, including the recruitment and supervision of an additional 60-80 student Beginning in 2013, the Center also committed to organizing one annual conference in volunteers from across the BYU campus. These dedicated students are in large part each of the following areas: Africa, Asia, Western Europe, Eastern Europe, Latin America, the responsible for the success of the symposium. Pacific, and the Muslim world. In addition, the Center sponsors or co-sponsors another 10- 15 conferences, and Center scholars attend 30-50 conferences, each year. Another important Center initiative is its Religious Freedom Discussion Series, bi- Volunteer Support monthly lectures by experts in international law and religion. The lectures are broadcast live The Center has been for several years greatly assisted by the work of numerous legal via Webinar from the J. Reuben Clark Law School. volunteers, under the leadership of Gayla Sorenson, who have assisted with international conferences and with the annual Symposium in Provo. They also have helped draft and edit law and religion framework documents for some two dozen countries, which have Donor Support been posted in the respective country portals at religlaw.org. Additional volunteers, All of the Center’s endeavors are made possible by the generous support over the under the direction of Nan Barker, have helped edit articles from 40 countries so far, for years of many dedicated friends. All cannot be named here, but a few deserve special a comprehensive World Encyclopedia of Law and Religion, to be published in 2014 by Brill mention. Publishers, Netherlands. For these and many other efforts, the Center expresses deep Key contributions have come over the yeas from donors to our Cornerstone appreciation. campaign—including David and Mary Christensen, Richard and Christena Durham, Duane and Erlyn Madsen, David and Linda Nearon, and Bill and Margaret Pope—and from patrons of the Sterling and Eleanor Colton Chair in Law and Religion. The Center is also grateful for Law Reform Activities support received from Jacobsen Lake Foundation, W. George & Helen Lowe Johnson Trust, The Center has been directly involved in constitutional and legislative reform efforts in Marriott Foundation, Smith Family Foundation, Sorenson Legacy Foundation, and The John nearly 50 countries. Center scholars have testified before the U.S. Congress and the Templeton Foundation. parliaments of several other countries. The Center is humbled by these and countless other contributions and commitments, It has also participated in preparing amicus curiae briefs in leading cases in the European and by the personal sacrifice and consecration they represent. Without this support, it would Court of Human Rights and U.S. Supreme Court, including, in 2013, the Hollingsworth v. be impossible for the Center to move forward the realization of its vision. Perry and United States v. Windsor same-sex marriage cases and two European Court church autonomy cases: Fernandez Martinez v. Spain and Sindicatul “Păstorul cel Bun” v. Romania.

Student Support The Center provides several opportunities for student involvement. Each year, the Web Presence Center selects 12-15 outstanding law students as Student Fellows. These students are given The Center operates three websites: the unique experience of participating in five-week summer externships with the offices • ICLRS.org, where information about the Center and its activities may be found. of the legal counsels for The Church of Jesus Christ of Latter-day Saints, either in one of 25 • StrasbourgConsortium.org, covering the freedom of religion or belief offices worldwide or at the Office of General Counsel in Salt Lake City. The students jurisprudence of the European Court of Human Rights. then return to the Center to work for the remainder of the summer on research and editing • Religlaw.org, an ever-building database of documents and court cases concerning projects. freedom of conscience, religion, or belief from all countries of the world. The Center also selects 12-15 law students each year to serve on the Executive This year the Center launched a Law and Religion Headlines news service, with 50-100 links Committee for the International Law and Religion Symposium. These students are charged to news from all parts of the world sent six days a week to more than 1500 subscribers with planning and executing many of the logistical issues surrounding the Symposium and worldwide. 5 | 2013 ICLRS ANNUAL REPORT

EXECUTIVE The International Center for Law and Religion Studies at BYU is directed by an esteemed LEADERSHIP group of scholars and legal professionals.

The founding director of the Center, W. Cole Durham Jr., is Susa Young Gates University Professor of Law at the J. Reuben Clark Law School and an internationally distinguished W. Cole Durham, Jr. scholar and advocate on matters of law and religion. Since the fall of communism in Eastern Director Europe in the 1990s, he has assisted in drafting constitutions and developing laws to protect freedom of religion in many countries worldwide. 2013 ICLRS ANNUAL REPORT | 6

Where in the world is This map highlights places where representatives of the Center have traveled to participate in W. Cole Durham, Jr.? religious freedom conferences in 2013.

Robert T. Smith Elizabeth A. Clark Gary B. Doxey Brett G. Scharffs David M. Kirkham Donlu Thayer Deborah Wright Managing Director Associate Director Associate Director Associate Director & Senior Fellow Managing Editor Coordinator and Associate Dean Administrative Assistant 7 | 2013 ICLRS ANNUAL REPORT

The Center is honored to have a distinguished group of globally recognized scholars serve as ACADEMIC ADVISORY its Academic Advisory Board. The contributions of these outstanding individuals in illuminating the intricacies of religious freedom principles and promoting enlightened discussion of those principles are of tremendous value. These advisors significantly advance the Center’s mission and BOARD the cause of religious freedom throughout the world.

Members of the Academic Advisory Board

Professor W. Cole Durham, Jr., Director Dr. Liu Peng Susa Young Gates University Professor of Law Pu Shi Institute for Social Science Brigham Young University, Provo, Utah, USA Beijing, China

Professor Sophie van Bijsterveld Professor Juan G. Navarro Floria Tilburg University, The Netherlands Pontificia Universidad Católica Member, Dutch Upper House of Parliament Buenos Aires, Argentina

Reverend Doctor Kim-Kwong Chan Professor Tahir Mahmood Executive Secretary, Hong Kong Christian Council Founder and Chairman, Amity University Hong Kong, China Institute of Advanced Legal Studies, New Delhi, India

Professor Carolyn Evans Professor Javier Martínez-Torrón Dean of the Law School, University of Melbourne Universidad Complutense Melbourne, Victoria, Australia Madrid, Spain

Professor Silvio Ferrari Professor Gerhard Robbers Department Cesare Beccaria, Università degli Studi di Milano Trier Universität Milan, Italy Trier, Germany

Professor Mohammad Hashim Kamali Professor Rik Torfs International Institute of Advanced Islamic Studies Rector, Katholieke Universiteit Leuven Kuala Lumpur, Malaysia Leuven, Belgium

Professor Tore Lindholm Professor Juan Carlos A. Valderrama Norwegian Centre for Human Rights Universidad Católica Oslo, Norway Lima, Peru 2013 ICLRS ANNUAL REPORT | 8

Members of the International Advisory Council (IAC) play critical roles in promoting the cause of religious freedom worldwide. The members of the IAC host international delegates at the Center’s INTERNATIONAL ADVISORY annual symposium in Provo, travel to many parts of the world to participate in important religious conferences, and otherwise generously share their time, talents, and other resources to move the work forward. COUNCIL

IAC Executive Committee International Advisory Council Members Lynn Anderson Alan & Denise Alexander Sterling & Eleanor Colton Chris & Allison Jones Robert & Joy Orton Doug Bush Gary & Lynn Anderson Jim & Sandy Cook Richard & Doreen Kopf Bob & Catherine Pedersen Scott Cameron Brent & Cheri Andrus Lew & Barbara Cramer David Lee James & Bonnie Pollock David Christensen William F. & Ann B. Atkin Mark & Janette Cressler David & Nancy LeSueur Margaret Pope Frank & Jackie Bakker Gary & Ann Crocker Kent & Karen Lundquist S. David Colton Mike & Corinne Russon Ann Barney Ralph & Mary Dewsnup Duane & Erlyn Madsen Mark Cressler Greg & Sharon Slater Gary Doxey Denny, Jr. & Nichole Barney Richard & Christena Durham Stan & Susan Martineau Wayne & Patrice Tew W. Cole Durham, Jr. Angus Belliston Larry & Shirley Gibson Lee & Pam McCullough Noel & Corrine Vallejo Simon Gibson Doug & Ann Bush Simon & Susan Gibson Jason & Marin Meyer David Christensen Bryce & Peggy Wade Duane Madsen Craig & Deborah Cardon Wayne & Connie Hancock Reid & Melanie Moon Blake & Leslie Walker Current Chair David & Linda Nearon William & Patricia Child Ralph & Carole Hardy David & Linda Nearon Mark Palmer Sheldon & Joan Child Ron & Debbie Harrison Jeff & Janet Nelson Myron & Olene Walker Robert T. Smith David & Mary Christensen King & Diane Husein Todd & Amy Nelson Robert & Lyn Wilcox Bryce Wade John P. (Phil) & Barbara Colton Helen Leon Dennis & Joni Kay Neuenschwander Kenneth & Athelia Woolley Deborah Wright S. David & Julie Colton Raymond B. & Jill Johnson John & Catia Nichols Bob & Christie Worsley

Leadership Duane Madsen Immediate Past Chair IAC

Erlyn Gould Madsen Center Historian 9 | 2013 ICLRS ANNUAL REPORT 2013 IAC ACTIVITIES

The International Advisory Council hosts activities each year to keep current with issues and events concerning religious freedom throughout the world

2013 Spring Meeting of the International Advisory Council Oxford Initiative The Spring 2013 Meeting of the International Advisory Council This year the Center joined with Oxford University institutions and the Brigham Young University London Centre in launching a long-term took place April 4-5 in Salt Lake City. On Thursday evening, longtime initiative to foster freedom of religion and belief worldwide. To mark Center supporter and IAC member Linda Nearon unveiled her painting the launch, friends in the United Kingdom, including IAC Executive “The Majesty of the Golden Gate Bridge”, symbolizing many facets of Committee member Simon Gibson, arranged an extraordinary series the Center’s work. Those assembled were then privileged to hear from of events for IAC members and guests – at the Celtic Manor in Wales Michael O. Leavitt, former Utah Governor and U.S. Secretary of Health and the restored Gadfield Elm Chapel in Worchester, at the House and Human Services, who addressed the event theme, “Frontiers of of Lords in London, and in the historic halls and environs of Oxford Religious Freedom: A Briefing on Emerging Issues.” University, where participants attended sessions of the conference The following day, members were pleased to hear from IAC “International Protection of Religious Freedom: Emerging Issues” and President David Christensen, Associate General Counsel of the LDS heard from such esteemed academics as Heiner Bielefeldt, Christopher Church William F. Atkin, and ICLRS Director W. Cole Durham, Jr., as McCrudden, Kent Greenawalt, John Milbank, and the Reverend Gary well as other members of the Center’s leadership. Wilton. 2013 ICLRS ANNUAL REPORT | 10

IAC Conference in Oxford Members of the International Advisory Council and friends visit Cardiff Castle in Wales 11 | 2013 ICLRS ANNUAL REPORT STUDENT INVOLVEMENT

Student Research Fellows

The ICLRS Student Research Fellows program invites students from the J. Reuben Clark Law School to participate in an international externship followed by a guided individual research project. Fellows gain practical experience as well as significant research and writing experience, important for launching and sustaining their careers, while enjoying opportunities for personal encounters with global leaders in the field of religious freedom. At the same time, the Fellows offer a vital service to the work of the Center and to the cause of religious freedom worldwide. This year’s students — John Anderson, Lacee Curtis, Monica Gardner, Jake Garfield, Bryant Hinckley, Stanley Jean-Charles, Kyler McCarty, Lynn Nouri, Daniel Ortner, Derek Parry, Alex Storms, Shantel Talbot, and Cristina Wood — spent time in Germany, New Zealand, Australia, Ghana, Mexico City, South Africa, Dominican Republic, Argentina, Hong Kong, Japan, the Philippines, and Salt Lake City before returning to complete their work in Provo. 2013 ICLRS ANNUAL REPORT | 12

An essential key to the success of the Center has been the involvement of highly motivated and capable law students.

Symposium Student Executive Committee

The success of the International Law and Religion Symposium each year is due in large part to the planning and performance of dedicated students from the J. Reuben Clark Law School who serve on the Student Executive Committee. This year’s committee, acting under the direction of Center Coordinator Deborah Wright and Associate Director Elizabeth Clark, were divided into five teams: Michelle Jeffs and Chase Thomas overseeing the Master Schedule, Cherise Bacalski and Kia Hohia chairing the Recruitment team, assisted by Monica Gardner, Rachel Bennion, Shantel Talbot, and Daniel Scow. Jorge Gavilanes chaired the Transportation Team, assisted by Joseph Ricks and Jason Sweat. Erica Berrett as chair, with Lynn Nouri, John Anderson, and Josh Bishop assisting, served as the Concierge and Hosting Liaison, and Natalia Peterson and Eimi Priddis as co-chairs, assisted by James Heilpern and Bryant Hinckley, managed conference documents. THE INTERNATIONAL CENTER FOR LAW AND RELIGION STUDIES 2013 HIGHLIGHTS

at the Oxford Journal of Law and Religion Trinity “Converging Challenges to Religious Freedom.” January Term Lecture Series in Oxford, England. »» 14-15: The first Regional Conference »» 10-11: Senior Fellow David Kirkham was the (Africa), “Law and Religion in Africa: Comparative »» 25-27: The second Regional Conference keynote speaker at the conference “Models of Practices, Experiences, and Prospects,” was held (Eastern Europe), “Challenges for Democracy: Relationship of State and Church: Contemporary at the University of Ghana in Legon, Ghana. The Religion, Law and Dialogue in the CIS and Baltics,” Tendencies” in Yerevan, Armenia. conference was attended by Cole Durham, Robert was held in Riga, Latvia with Elizabeth Clark and Smith, and David Kirkham. Cole Durham participating. »» 14: David Kirkham presented a paper at the Law and Religion Scholars Network Annual March »» 29: Cole Durham moderated the panel Conference in Cardiff, Wales. »» 20: The third year of the Religious Freedom “Unprecedented Repression of Religious Minorities Discussion Series opened with “Against Free and NGOs in Russia,” a side-event at the United »» 23-24: Brett Scharffs presented a paper at Exercise Reductionism,” by Cole Durham. Nations Office in Geneva. “Human Rights and Justice in Iraq,” an International April May Symposium held in Istanbul, Turkey. »» 23: Cole Durham gave the opening lecture »» 8: Center Associate Director Elizabeth »» 25: Cole Durham participated in the World “Freedom of Religion or Belief - Emerging Tensions” Clark delivered the Discussion Series Lecture: Festival of Religious Freedom in São Paulo, Brazil. THE INTERNATIONAL CENTER FOR LAW AND RELIGION STUDIES 2013 HIGHLIGHTS

»» 28: At the conference on “Religion and Law in Associate Director Brett Scharffs, Center Senior State Policies” in Moscow, Cole Durham presented June Editor Donlu Thayer, and BYU Law School Dean on “Freedom of Religion or Belief: Problems in »» 7-8: The Center organized two events at James Rasband and his wife, Mary — were hosted International Law.” Central European University in Budapest, Hungary: by Simon Gibson at the Celtic Manor Resort in a panel discussion on “Freedom of Religion and Newport, Wales, and at Harris Manchester College, »» 30: Associate Director Gary Doxey participated Church-State Relations in Hungary,” chaired by Oxford, where they attended a day of the Center- in the National Religious Freedom Conference in Professor Durham and our Hungarian colleague, sponsored Oxford Conference. Washington DC Renáta Uitz, and the conference “Freedom of Religion and Non-Discrimination.” »» 18-20: Cole Durham, Brett Scharffs, David »» 30: While in Washington, Professor Doxey Kirkham, James Rasband, and Donlu Thayer, along represented the Center in signing a Memorandum »» 14: Cole Durham was awarded an honorary with the director of the BYU London Centre and of Understanding concerning religious freedom doctorate from Ovidius University, Constanta, ICLRS Senior Fellow James Faulconer, attended the policy in Vietnam with a delegation from the Romania, and attended a Seminar in Celebration Center co-sponsored conference “International University of Social Sciences and Humanities at of Mary Ann Glendon in Florence, Italy. Protection of Religious Freedom, Emerging Issues” the Vietnam National University and the Institute at Harris Manchester College, Oxford, where for Global Engagement. Subsequently, further »» 14-20: Members of the Center’s International Scharffs and Thayer, on a panel moderated by documents were signed at BYU. Advisory Council and guests — along with Center Kirkham, presented “Religious Majorities and 15 | 2013 ICLRS ANNUAL REPORT

Restrictions on Religious Freedom.” »» 21-23: The Center co-sponsored the Third July ICLARS Conference in Richmond, Charlottesville, »» 17-22: Durham, Scharffs, Kirkham, Faulconer, »» 12: David Kirkham delivered the Discussion and Williamsburg, Virginia. and Thayer also attended the first annual Oxford Series Lecture, “Freedom of Conscience and the Journal of Law and Religion Summer Academy, American Identity.” September held at Regent’s Park College, Oxford. Durham is »» 4: Brett Scharffs addressed the topic “Can Co-Editor-in-Chief of the Journal; Thayer is a case- »» 15-16: The fourth annual Summer Certificate Public Reason Accommodate Conscience?” at the Religious Freedom Discussion Series. note editor; Scharffs is a member of the Journal’s Training Program was held in China. Brett Scharffs Advisory Board. delivered a presentation during the training. »» 16-25: The second Vietnam Certificate Training Program on Religion and the Rule of Law was held »» 30: The Center bade farewell to Marshall August in Ho Chi Minh City, with Cole Durham and Brett Morrise, who had given invaluable service as the »» 19-21: The Center hosted the 13th Annual Scharffs participating Center’s Website Development Manager for the Colloquium of the Latin American Consortium last three-and-a-half years, as he, with his wife, for Religious Liberty, “Libertad Religiosa, Igualdad October Susan, left to serve as an LDS Mission President in y Autonomía de las Entidades Religiosas,” in »» 6-9: The 20th Annual International Law and Seoul South Korea. Richmond, Virginia. Religion Symposium was held in Provo, Utah. 2013 ICLRS ANNUAL REPORT | 16

»» 10: The Fourth Annual Religious Liberty Award »» 30-31: Brett Scharffs presented his paper, »» 7-9: Cole Durham joined other international was presented to Dr. John Graz and winners of the “Freedom and Security: Beyond the Balancing scholars who assembled at Al Akhawayn University Religious Liberty Essay Contest were announced Metaphor” at the “Balance Between Freedom in Ifrane, Morocco, where the Center hosted its at the Award Dinner in Washington DC and Security in the Fight Against Terrorism” regional Muslim World conference, “Islam in the International Symposium in Istanbul, Turkey. Law: Sharia, Secularim, and Society in the Euro- »» 10: The Center sponsored the second day Mediterranean Region.” of the event, “Freedom to Flourish: Is Religious November Freedom Necessary for Peace, Prosperity, and »» 1: A China Certificate Training Alumni Meeting December Democracy?” held at Georgetown University in was held in Beijing, Brett Scharffs attending. Washington DC »» 3-5: Cole Durham participated in a panel discussion at the Second International Religious »» 2-4: Brett Scharffs presented a paper »» 30: The Center hosted a panel discussion addressing the question “Can Public Reason Freedom Conference, “Tearing Down Walls: following the latest report of the UN Special Accommodate Conscience?” at the conference Achieving Religious Equality in Turkey,” sponsored Rapporteur Heiner Bielefeldt on “Freedom of “World Religions and the Dialogue of Civilizations,” by the Order of St. Andrew the Apostle, Archons Religion or Belief and Equality between Men and sponsored by the Chinese Academy of Social of the Ecumenical Patriarchate, based in Berlin, Women” at the United Nations in New York. Sciences, Beijing, China. Germany. 17 | 2013 ICLRS ANNUAL REPORT

TWENTIETH ANNUAL INTERNATIONAL LAW AND RELIGION SYMPOSIUM

More than 80 distinguished delegates from more than 40 countries met, along with approximately 200 guests and students, at the Twentieth Annual International Law and Religion Symposium, held October 6-9 at the J. Reuben Clark Law School. Keynote speakers at the opening session on the evening of October 6th were Françoise Tulkens, ad hoc judge and former Vice President of the European Court of Human Rights, and Malcolm Evans, OBE, Professor of Public International Law at the University of Bristol Law School and Chair of the United Nations Subcommittee for the Prevention of Torture. Professor Evans received the Center’s 2013 Distinguished Service Award. This year’s Symposium owed its unparalleled success in great part to generous support provided by the Cornerstone Endowment. The Center is grateful this year once again for a distinguished group of delegates, an outstanding Student Executive Committee, our Hosting Committee Chairs Linda Nearon and Lynn Anderson, the Regional Advisors under the direction of Gayla Sorensen, who reported on Symposium sessions, and others who befriended delegates and in so many other ways contributed to what one delegate called the most outstanding conference of its type he had ever attended. 2013 ICLRS ANNUAL REPORT | 18 19 | 2013 ICLRS ANNUAL REPORT 2013 ICLRS ANNUAL REPORT | 20 21 | 2013 ICLRS ANNUAL REPORT

REGIONAL CONFERENCES AFRICA

Law and Religion in Africa University of Ghana | Legon, Ghana | 14-15 January 2013

The Center-sponsored conference “Law and Religion in Africa: Comparative Practices, Experiences, and Prospects” was held 14-15 January 2013 at the University of Ghana in Legon, Ghana. Scholars, legal professionals, and religious leaders from Botswana, Ethiopia, Ghana, Liberia, Malawi, Namibia, Nigeria, Rwanda, Sierra Leone, South Africa, Tanzania, Togo, Uganda, the United Kingdom, and the United States gathered in Legon for the two-day event to share expertise and experiences in what was a most enlightening experience for all. Conference participants were greeted by Ernest Aryeetey, Vice-Chancellor and Professor, University of Ghana; James R. Rasband, Dean and Hugh W. Colton Professor of Law of the J. Reuben Clark Law School; Kofi Quashigah, Dean of the Faculty of Law, University of Ghana; Justice Samuel Kofi Date-Bah, Supreme Courts of Ghana and the Gambia; and Naa John S. Nabila, Professor and President, National House of Chiefs, Ghana. The Center is grateful for the generous donations of Sheldon and Joan Child and Brent and Cheri Andrus, which helped make this conference possible.

2013 ICLRS ANNUAL REPORT | 22

REGIONAL CONFERENCES EASTERN EUROPE

Challenges for Democracy: Religion, Law and Dialogue in the CIS and Baltics Baltic International Academy | Riga, Latvia | 25-27 April 2013

The conference “Challenges for Democracy: Religion, Law and Dialogue in the CIS and Baltics” was held April 25-27 at the Baltic International Academy in Riga, Latvia. The conference brought together some 50 scholars and government leaders from the Commonwealth of Independent States (the region of the former USSR) and the Baltics to look at law and religion issues in this region. Cole Durham, Elizabeth Clark, and Russian-speaking law students Chris Pieper and Travis Hunt attended from BYU. IAC executives David and Linda Nearon and Regional Advisor Robert Orton also attended, along with LDS Associate General Counsel William Atkin. In addtion to Clark and Durham, the conference organizing committee consisted of Ringolds Balodis, University of Latvia; Ekaterina Elbakyan, Academy of Labor and Social Relations (Moscow); Merilin Kiviorg, Oxford University; Andrei Tatarchuk, Baltic International Academy; and Renata Uitz, Central European University. This milestone conference was videotaped and distributed via YouTube and other outlets. 23 | 2013 ICLRS ANNUAL REPORT

REGIONAL CONFERENCES OXFORD

International Protection of Religious Freedom, Emerging Issues Oxford University | Oxford, United Kingdom | 18-19 June 2013

The Center, along with the Brigham Young University London Centre, co-sponsored the conference “International Protection of Religious Freedom: Emerging Issues,” held at Harris Manchester College, Oxford University, 18-19 June 2013. This was a central event of the inaugural Oxford Journal of Law and Religion Summer Academy. Among those attending from BYU were Law School Dean James Rasband; Cole Durham, an Editor-in Chief of the Oxford Journal; Brett Scharffs, a member of the Journal’s Advisory Board; Donlu Thayer, Journal Case Note Editor; David Kirkham, Center Regional Advisor for Europe and a primary organizer of the conference; and James Faulconer, Director of the London Centre. Several members of the ICLRS International Advisory Council were also able to attend. The Center’s special thanks go to William and Patricia Child, and to Simon Gibson and Don Mealing for their assistance in making the conference possible. 2013 ICLRS ANNUAL REPORT | 24

REGIONAL CONFERENCES LATIN AMERICA

“Libertad Religiosa, Igualdad y Autonomía de las Entidades Religiosas” Randolph-Macon University | Richmond, Virginia | 19-21 August 2013

The Consorcio Latinoamericano de Libertad Religiosa held its 13th Annual Colloquium – “Libertad Religiosa, Igualdad y Autonomía de las Entidades Religiosas” – August 19-21 at Randolph-Macon University near Richmond, Virginia. The conference was sponsored by the Center, and Center Director Cole Durham was the keynote speaker. The Consorcio Latinoamericano de Libertad Religiosa is the foremost academic association for scholars of law and religion in Latin America. Scholars from the International Center for Law and Religion Studies have participated in the Consorcio’s annual colloquium every year since its inception in 2000. This is the first year the Center has hosted the colloquium. The Consorcio’s immediate past president, Juan Navarro Floria, serves on the Center’s Academic Advisory Board. Current president of the Consorcio is Ana María Celis Brunet of Pontificia Universidad Católica of Chile. 25 | 2013 ICLRS ANNUAL REPORT

REGIONAL CONFERENCES ASIA

Religion and the Rule of Law Ho Chi Min City, Vietnam | 21 September 2013

The first of the Center’s annual regional conferences in Asia As a result of this successful conference, a delegation from took place in Ho Chi Minh City on September 21, in connection with Vietnam traveled to Washington DC to meet with Center leaders the Second Annual Vietnam Certificate Training program, conducted and representatives of IGE and the International Religious Freedom in partnership with the Institute for Global Engagement (IGE) and the Roundtable to sign a milestone agreement: the first-ever memorandum University of Social Science and Humanities (USSH at Vietnam National of understanding to support further study of the implementation of University Hanoi). religion and rule of law in Vietnam. The conference featured speakers from the United States and Subsequently, the delegation, including Professor Hung and Vietnam, including Professors W. Cole Durham, Jr. and Brett G. Scharffs of Vietnamese Embassy’s Deputy Chief of Mission, Dr. Nguyen Vu Tung, Brigham Young University, and Professor Do Quang Hung, a prominent traveled to BYU to meet with University officials and conclude further scholar on religion and rule of law and a professor at the USSH/VNA. agreements between the Center and Vietnam. 2013 ICLRS ANNUAL REPORT | 26

REGIONAL CONFERENCES MUSLIM WORLD

Political Islam in Euro-Mediterranean Region Ifrane, Morocco | 7-9 November 2013

The conference “Islam in the Law: Sharia, Secularism, and Society in Professor Blandine Chelini-Pont, University Aix-Marseilles; Professor the Euro-Mediterranean Region” was held November 7-9 at Al Akhawayn Javier Martínez-Torrón, Complutense University; Professor Mohammed University in Ifrane, Morocco. Welcomes by Dean Nisar Messari of the Mouaquit, Hassan II University Casablanca; Professor Amal Idrissi, School of Humanities and Social Sciences and Professor T. Jeremy Gunn Moulay Ismail University, Meknès Morocco; and Professors Émilie Roy, both of Al Akhawayn, were followed by keynote addresses by Professor Christopher Longhurst, Doris Gray, Driss Maghraoui, Jack Kalpakian, and Olivier Roy, European University Institute, and Tahir Mahmood, Djallil Lounna, all of Al Akhawayn University. Also speaking were Father Professor of Eminence & Honorary Chair, Institute of Advanced Legal Vsevolod Chaplin, Russian Orthodox Church; Dr. Pasquale Annicchino, Studies, Amity International University. Other speakers were Professors European University Institute; Dr. Baudoin Dupret, Director, Centre Cole Durham and James Toronto of BYU; Professor Gerhard Robbers, Jacques-Berque (Rabat, Morocco); and The Honorable Waël Rady, Chief University of Trier; Professor Alessandro Ferrari, University of Milan; Judge, Economic Court of Cairo. 27 | 2013 ICLRS ANNUAL REPORT 2013 ICLRS ANNUAL REPORT | 28 CERTIFICATE TRAINING PROGRAMS

The Center has established influential Certificate Training Programs in both China and Vietnam

China Vietnam The fourth China Certificate Training Program took place from 15 The Center co-sponsored second Vietnam Certificate Training Program to 26 July at the Beijing Foreign Studies University, co-sponsored by took place in Ho Chi Min City from 16 to 25 September. Cole Durham ICLRS, the Center for Constitutional and Administrative Law, Peking and Brett Scharffs participated in this program, which is designed University Law School, the Pu Shi Institute for Social Science, and to help build an intellectual infrastructure to guide the current and the Beijing Foreign Studies University. Brett Schaffs, Cole Durham, emerging generation of Vietnamese scholars, government officials, and BYU Law student Carl Hollan participated. Scharffs also made a policy advisors, and religious leaders, as they work to improve policy presentation, on law and religion fellowships at BYU Law School, at the on religious freedom in their own contexts, providing a network for China training programs reunion in Beijing on November 1, where 34 change, so that these Vietnamese leaders can make the case from program alumni met to discuss the future of religion and the rule of within their own cultural context that religious freedom is essential for law in China and elsewhere in Asia, and to share their recent research. a stable and prosperous society. The first Vietnam Certificate Program A fifth Certificate Training Program will beheld in Beijing in July 2014. took place in 2012 in Hanoi, and a third is scheduled for May 2014. 29 | 2013 ICLRS ANNUAL REPORT

ICLARS CONFERENCE

Religion, Democracy, and Equality Virginia, USA | 21-23 August 2013

“Religion, Democracy, and Equality, “ the third bi-annual A B ouT iclA r S conference of the International Consortium for Law and Religion

he International Consortium Studies (ICLARS), was held August 21-23 in historic venues for Law and Religion Studies (ICLARS) is an international network of scholars and experts Tof law and religion begun in 2007 with in Virginia. One day was spent in RIchmond, another at the Professor Silvio Ferrari of the University of Milan as President. The purpose of ICLARS is to provide a forum for exchange of information, data, and opinions among members, which are then made available to University of Virginia in historic Charlottesville, and a third at the the broader scientific community. Currently, ICLARS has members from more than 40 countries. ucceeding Professor Ferrari (now College of William and Mary in Williamsburg. Honorary Lifetime President), the current president of ICLARS is Professor W. Cole Durham, Jr. of SBrigham Young University. Vice-president The keynote address was given by Heiner Bielefeldt, UN conference coSPonSorS is Professor Ana Maria Célis Brunet, Professor and Director of the Center of Religious Liberty of the Facultad de Derecho at the Pontificia Universidad Católica de Special Rapporteur on Freedom of Religion or Belief, and more Chile (Santiago). The ICLARS steering The Third Bi-AnnuA l committee members are eminent law and religion scholars from Italy, Spain, India, r eligion, Argentina, Germany, Israel, and South Africa. democrAcy, than 90 US and international scholars participated. InternatIonal First Center for law An d and relIgIon Freedom CLARS organizes conferences every other year and publishes a regular equA liTy StudIeS Center newsletter. The proceedings of the ICLARS is a network of scholars and experts on law and first ICLARS conference, held in conference IMilan in January 2009, are available as Law and Religion in the 21st Century: Relations VirginiA, uSA 21-23 AuguST 2013 between States and Religious Communities, religion begun in 2007 with Professor Silvio Ferrari of the Silvio Ferrari and Rinaldo Cristofori, eds., Ashgate (2010). The proceedings of the second ICLARS conference, held in wiT h SPeciA l T h An KS To Santiago, Chile, in September 2011, are now University of Milan as President. Its members come from more glade and Kathleen Knight available from Ashgate as Law, Religion, Constitution: Freedom of Religion, Equal and Treatment, and the Law, W. Cole Durham, Jr., Silvio Ferrari, Cristiana Cianitto, and The i nTernAT ionA l conSorT ium for lAw And r eligion ST udieS Donlu Thayer, eds. than 40 countries. Cole Durham was installed as president of ICLARS in Santiago, Chile, in September 2011. ICLRS Associate Director Elizabeth Clark and Center Coordinator Deborah Wright played the primary organizing role of this Center-hosted conference, under the advisement of the ICLARS Steering Committee. The organizers were particularly grateful for the invaluable assistance of attorney Megan Healey Taylor; Southern Virginia University student Nicholas Gaughan; and Olga Medina of Salt Lake City. Co-sponsors of the conference included the University of Virginia School of Law, the Institute of Bill of Rights Law of William & Mary Law School, and the First Freedom Center. The organizers extended special thanks to Southern Virginia University and Glade M. and Kathleen Knight. 2013 ICLRS ANNUAL REPORT | 30

2013 RELIGIOUS FREEDOM AWARD DINNER

THE J. REUBEN CLARK LAW SOCIETY and The J. Reuben Clark Law Society and the International Center for Law and Religion THE INTERNATIONAL CENTER FOR LAW and RELIGION STUDIES Studies hosted the International Religious Liberty Award Dinner at the Washington Court CORDIALLY INVITE YOU TO ATTEND the 2013 INTERNATIONAL RELIGIOUS LIBERTY AWARD DINNER HONORING Hotel in Washington DC on October 10, honoring Dr. John Graz, Secretary-General of the International Religious Liberty Association (IRLA), with the 2013 Religious Liberty Award. Dr. John Graz Former Senator Gordon Smith delivered the keynote address, speaking about the unique Director, Seventh-day Adventist Church, Department of Public Affairs and Religious Liberty link between American history and religious freedom. Secretary-General, International Religious Liberty Association Also honored at the dinner were the winners of the 2013 Religious Liberty Student

OCTOBER 10, 2013 Essay Contest, with awards presented by Eric Baxter, Chair of the DC Mid-Atlantic Chapter 7:00 pm WASHINGTON COURT HOTEL of the Clark Society, to James Cleith Phillips, Ethan Blevins, Landes Taylor, and Spencer R. 525 New Jersey Ave., NW • Washington, D.C. Nelson. The award to Dr. Graz was presented by BYU Law School Dean James R. Rasband. An educational program on religious liberty will be presented at 6:00 pm Giving tribute to Dr. Graz were Professor Cole Durham Reply card enclosed or reply online at www.jrclsdc.org of BYU Law School and Dr. David Little, Professor Made possible in part by the Sterling and Eleanor Colton Chair in Law and Religion and the Host Committee Emeritus of the Practice in Religion, Ethnicity, and International Conflict at Harvard Divinity School.

Both Professor Durham and Professor Little have been associated with Dr. Graz for many years as regular contributors to the annual IRLA Meeting of Experts, which promotes religious liberty in academic circles and settings. Dr. Little highlighted Dr. Graz’s infatigable dedication to the cause of religious liberty and commended him specially for his contributions to organizing congresses, symposia, lectures, and workshops for the promotion and protection of religious liberty for everyone, in all places: “We all owe a great debt of gratitude to John Graz,” said Professor Little. In turn, Dr. Graz thanked his team at IRLA as well as his associates worldwide: “In receiving this great honor, I feel I represent them and that this award is given to all of them.” The Center is grateful for the support of the Sterling and Eleanor Colton Chair of Law and Religion, which helps support this annual award dinner. 31 | 2013 ICLRS ANNUAL REPORT

Religious Freedom Lectures Discussion Series According to recent studies, some 75 percent of the world’s people Delivered at BYU Law School and offered by live Webinar worldwide, live under high or very high restrictions on religious freedom. Restrictions these discussions of timely and important law and religion issues are on the ability to practice religion according to one’s conscience, alone and led by the internationally recognized experts who direct the work of the in company with others, are rising rapidly in many nations, from Africa Center. Director Cole Durham opened this third year in the series with to Asia, from the United Kingdom to the United States. Helping people “Against Free Exercise Reductionism.” Elizabeth Clark spoke on “Converging understand and effectively respond to the challenges of protecting this Challenges to Religious Freedom.” David Kirkham addressed “Freedom of precious and increasingly vulnerable right is an important part of the Conscience and the American Identity.” Brett Scharffs asked “Can Public Center’s work. To this end, the Center sponsors an annual Religious Reason Accommodate Conscience?” Recordings of these presentations Freedom Discussion Series. and those from previous years are available on the Center’s website. 2013 ICLRS ANNUAL REPORT | 32

The Center is actively involved in writing and publication projects 2013 Center year round. In addition to articles in journals and chapters in books, Center scholars delivered, collectively, more than 30 papers or other PUBLICATIONS presentations in 2013.

Law, Religion, Constitution: Freedom of Religion, Equal Treatment, Religious Organizations and the Law (4 Vols.) and the Law William W. Bassett, W. Cole Durham, Jr., and Robert T. Smith | West 2013 W. Cole Durham, Jr., Silvio Ferrari, Cristiana Cianitto, and Donlu Thayer, eds. | Ashgate 2013 This comprehensive treatise, originated by William W. Bassett of the University of San Francisco, and now co-authored by Cole Durham and Robert Smith, Center Editor Donlu Thayer assumed primary responsibility for editing the has been updated annually since 1997. Since the Center took over the work proceedings of the Second Conference of the International Consortium in 2007, students and staff, with input from an interdenominational advisory for Law and Religion Studies (ICLARS), held in Santiago, Chile in 2011. Cole board of legal professionals, have worked to expand the work from 10 Durham was installed as President of ICLARS at that Conference. Editing of chapters to 19, and from two volumes to four, with groundwork having been the collection of papers from the Third ICLARS Conference, which was held in laid during 2013 for a second, greatly expanded edition in 2014, which will August of this year in Virginia, is now underway. bring the total number of chapters to more than 30.

International Law and the Defamation of Religion Conundrum Law and Religion: National, International, and Comparative ■ ■ Brett G. Scharffs | Review of Faith & International Affairs Law and Religion SCHARFS DURHAM ELECTIVE SERIES Perspectives, Second Edition NATIONAL, INTERNATIONAL, AND COMPARATIVE PERSPECTIVES

W. COLE DURHAM, JR. AND BRETT G. SCHARFFS, Law and Religion both of Brigham Young University Law School W. Cole Durham, Jr., Brett G. Scharffs | Wolters Kluwer forthcoming A dynamic combination of international and domestic materials, Law and Religion: National, International, and Comparative Perspectives stimulates discussion of familiar issues by placing them in a global context. Authors Durham and Scharffs bring panoramic vision and scope to their subject, along with sensitivity to current Among the Center faculty publications in 2013 were two byissues Brettof conflict and debate. Scharffs, LAW AND RELIGION: NATIONAL, INTERNATIONAL, AND COMPARATIVE PERSPECTIVES, features: Revisions for the second edition of the groundbreaking casebook Law and ■ U.S. materials that include the major Free Exercise and Establishment Clause

Center Associate Director and, since July 1, Law School Associatecases Dean for NATIONAL, INTERNATIONAL, AND COMPARATIVE PERSPECTIVES ■ International law materials that include key human rights instruments as well as 20 cases from the European Court of Human Rights and key United Nations bodies ■ Coverage of current topics, such as the right to register religious associations, Religion: National, International, and Comparative Perspectives, by Cole Durham exemptions from general and neutral laws, conscientious objection, proselytizing, religious oaths, church autonomy; and conflicts arising between religious freedom Research and Academic Affairs. “John Banzhaf’s Fatwaand women’s rights, againstrights of indigenous peoples, sexual minorities, Catholic and children’s rights ■ Comparative law cases and materials that reflect more than 15 countries and regions and Brett Scharffs, were completed during 2013, along with updates to the ■ Comparative law topics, such as corporal punishment, compelled patriotic observances, state funding of religions, and more ■ Islamic, Christian, and Jewish perspectives on freedom of religion, touching on University” appeared in the 10 January 2013 issue of the Universitydefamation of religion, theof Mohammed Chicago cartoon controversy, the constitutions of Afghanistan and Iraq, religious political parties in Turkey, and the interaction of secular and religion rules governing religious cemeteries in Israel Law and Religion companion Web Supplement and Teacher’s Manual, by a student team directed Timely and incisive, Law and Religion: National, International, and Comparative Perspectives makes a valuable contribution to the study of Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First NATIONAL, INTERNATIONAL, AND COMPARATIVE PERSPECTIVES Divinity School’s online publication, Sightings, and “InternationalAmendment Law. Law and the ■ W. COLE DURHAM, JR. ■ BRETT G. SCHARFFS by Center Editor Donlu Thayer. After final review by Professors Scharffs and Defamation of Religion Conundrum” appeared in the 10th Anniversary Issue Durham, the edition, containing dozens of new cases and commentaries, will http://lawschool.aspenpublishers.com of The Review of Faith & International Affairs. go to press in mid 2014.

Oxford Journal of Law and Religion State Responses to Minority Religions The Oxford Journal of Law and Religion has concluded its second year of David M. Kirkham, ed. | Ashgate 2013 publication. Having produced two numbers for Volumes 1 & 2 (2012, 2013), Edited by Professor David Kirkham, Senior Fellow for Comparative Law and the Journal will move to three numbers in 2014 and four numbers each year International Policy and the Center’s Regional Advisor for the European Union thereafter. Cole Durham serves as one of the Journal’s five international and Council of Europe, this book provides a legal and normative overview of Editors-in-Chief; Donlu Thayer is a Case Note Editor and the final proofreader the variety of responses to minority religions available to states. Exploring for the Journal; and Dean Brett Scharffs serves on the Journal’s Advisory case studies ranging from Islamic regions such as Indonesia, Pakistan, and the Board. BYU contributions to the Journal have included case commentaries by wider Middle East, to Western Europe, Eastern Europe, China, Russia, Canada, Donlu Thayer and Professor Lynn Wardle, and case notes by Thayer and by and the Baltics, contributors include international scholars and experts in law, students Randa Begni da Silva Vieira and Michael Worley. sociology, religious studies, and political science. 33 | 2013 ICLRS ANNUAL REPORT

UPCOMING Here is a look at some of the events the Center has planned for the upcoming year. Several of the dates are still being finalized. EVENTS Please contact the Center for the most current event dates.

January 6-9, 2014: International Religious Liberty June 3-5, 2014: Islamic Regional Conference, to be held September 11, 2014: Conference on Freedom of Religion Association (IRLA) Board of Experts, to be held in Athens, at Insubria University, Como, Italy in the European Court of Human Rights, Strasbourg Greece June 23-27, 2014: Conference in Oxford October 5-7, 2014: 21st Annual International Law and January 15-16, 2014: International Conference on Religion Symposium, to be held at Brigham Young “Religion, Democracy and Law,” to be held at the London Late May-Early June 2014: Conference to be held at University, Provo, Utah Metropolitan University, London, United Kingdom Central European University, Budapest, Hungary

October 9-10, 2014: 21st Annual International Law and January 2014: Meeting of the Executive Committee, June 2014: Conference in Indonesia International Advisory Council of the International Religion Symposium sessions, to be held in Washington Center for Law and Religion Studies, Provo, Utah DC June 2014: Meeting of the Executive Committee, International Advisory Council of the International March 2014: Meeting of the Executive Committee, Center for Law and Religion Studies, Provo, Utah Late October 2014: Meetings on Law and Religion held International Advisory Council of the International in relation to the release of the Annual Report by the Center for Law and Religion Studies, Provo, Utah July 7-9, 2014: CLE Training Seminar on Religious Liberty, U.N. Special Rapporteur, New York, New York Provo, Utah April 3-4, 2014: Meeting of the International Advisory November 6-7, 2014: Eastern Europe Regional Council of the International Center for Law and Religion July 21 - August 1, 2014: Fifth Certificate Training Studies, Salt Lake City, Utah Conference, Jagiellonian University, Cracow, Poland Program, China

April 24-26, 2014: Central America Regional Conference, November 2014: Regional Conference on Law and August 2014: Meeting of the Executive Committee, to be held in Guatemala City, Guatemala Religion, to be held in Amity University near New Delhi, International Advisory Council of the International India May 5-16, 2014: Third Certificate Training Program and Center for Law and Religion Studies, Provo, Utah Conference, Vietnam [tentative date] November 15-16, 2014: Law and Religion Conference to September 1-3, 2014: Conference of the Latin American be held in conjunction with the G20 Summit, to be held May 26-28, 2014: Law and Religion Conference, to be Consortium, Cordoba, Argentina in Brisbane, Australia held at the Stellenbosch University, Stellenbosch, South Africa September 3-5, 2014: International Congress on “Religious Freedom in the XXI Century: Religion, State November 2014: Meeting of the Executive Committee, May 30 - June 2, 2014: IAC Travel Study Program in Italy, and Society,” to be held the National University of International Advisory Council of the International beginning in Rome and concluding in Como Cordoba, Argentina Center for Law and Religion Studies, Provo, Utah

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